United States v. Juan Quiroga-Hernandez
698 F.3d 227
5th Cir.2012Background
- Hernandez pleaded guilty to illegal reentry after deportation under 8 U.S.C. § 1326(a), (b)(2).
- At sentencing, the district court applied a sixteen-level enhancement under § 2L1.2(b)(1)(A)(ii) based on Hernandez’s 2000 Texas conviction for indecency with a child by sexual contact (Tex. Penal Code § 21.11(a)(1)).
- The district court held the Texas offense constitutes sexual abuse of a minor for purposes of the Guidelines and calculated a total offense level of 21 with a criminal history category VI, yielding a guidelines range of 77–96 months.
- Hernandez was sentenced to 77 months imprisonment and two years of supervised release, at the bottom of the range.
- The issue on appeal is whether the prior Texas conviction constitutes a crime of violence under the guidelines, triggering the 16-level enhancement.
- The court treats the question as one of law and applies a common-sense approach to determine whether the prior conviction is an enumerated offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Texas indecency with a child statute qualifies as a crime of violence for § 2L1.2(b)(1)(A)(ii). | Hernandez: statute is not a match to generic sexual abuse of a minor; age and age-difference considerations matter. | United States: prior conviction falls within sexual abuse of a minor, an enumerated offense under § 2L1.2 cmt. n.1(B)(iii). | Affirmed; prior Texas conviction constitutes a crime of violence. |
Key Cases Cited
- United States v. Izaguirre-Flores, 405 F.3d 270 (5th Cir. 2005) (de novo review of crime-of-violence classification)
- United States v. Sanchez, 667 F.3d 555 (5th Cir. 2012) (enumerated-offense determination for prior convictions)
- United States v. Murillo-Lopez, 444 F.3d 337 (5th Cir. 2006) (definition of enumerated offenses under the guidelines)
- United States v. Ellis, 564 F.3d 370 (5th Cir. 2009) (state-law definitions broader than generic definition limit predicate use)
- United States v. Najera-Najera, 519 F.3d 509 (5th Cir. 2008) (Texas indecency with a child statute as sexual abuse of a minor)
- Zavala-Sustaita, 214 F.3d 601 (5th Cir. 2000) (early recognition of Texas indecency statute as sexual abuse of a minor)
- Castro-Gueverra, 575 F.3d 550 (5th Cir. 2009) (Texas indecency statute as sexual abuse of a minor)
- United States v. Ayala, 542 F.3d 494 (5th Cir. 2008) (prior determinations that § 21.11 constitutes sexual abuse of a minor)
- Jacobs v. Nat’l Drug Intelligence Ctr., 548 F.3d 375 (5th Cir. 2008) (orderliness principle: one panel cannot overrule another absent change in law)